A person who believes they are the father of a child born to a woman who was married to another man at the time of conception or birth has the right to file a lawsuit against the woman’s husband, if he is listed as the child’s father, seeking recognition of their paternity.
According to Article 129 of the Family Code, such a person can file such claims within the statute of limitations (one year), which starts from the day the person knew or could have known of their paternity. Family lawyers from our company are frequently asked: How to establish paternity? How to order a paternity test? How to contest paternity?
Answers to these questions can be provided by the highly qualified lawyers of the Lawyers and Realtors Association of Ukraine (AROU). We have extensive experience in family disputes and guarantee you a positive outcome.
An important aspect in resolving paternity disputes is conducting a forensic genetic examination. In these cases, the defendants are the alleged father and the state registration authority. The claim statement is of particular importance, as it may demand the exclusion of the defendant from the birth record and the recognition of the plaintiff as the child’s father.
During the case review, it is advisable to involve the child’s mother as a third party without independent claims regarding the dispute. This will ensure a complete and thorough consideration of all circumstances of the case and help the court make an objective and fair decision.
The examination is carried out based on biological materials that must be provided by the child and the alleged father at the appropriate expert institution.
Problems may arise here, as participants in the process (defendants) often fail to provide biological materials for the examination. The result of the genetic examination is crucial in most cases, so it should be taken very seriously.
A family law attorney offers the following services:
- Providing legal consultation regarding your family dispute;
- Assisting in determining the optimal way to resolve the case;
- Preparing the necessary documents and lawsuits for court;
- Assisting in conducting the forensic genetic examination; and providing legal representation in court for paternity recognition.
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The Lawyers and Realtors Association of Ukraine (AROU) has extensive experience in resolving family disputes, we approach each client individually and choose the best solutions. If you are not in Kyiv, we can provide remote consultation and help with drafting the necessary documents!
